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Bombay High CourtWP/3454/2014others disposed off

Sukhai Ramharos Vishwakarma v. The State Of Maharashtra And ORS.

2019-11-08Hon'Ble Smt. Justice S.S. Jadhav,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

17.wp3454.14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3454 OF 2014 Sukhai Ramharos Vishwakarma.

...Petitioner.

Versus

The State of Maharashtra & ors.

...Respondents

Advocate Swatesh Tripathi i/b. Advocate R.M. Upadhyay, advocate for petitioner.

Smt. S.D. Shinde, APP for State.

CORAM : B.P. DHARMADHIKARI & SMT. SADHANA S. JADHAV, JJ.

DATE : NOVEMBER 8, 2019.

P.C.:

By this petition filed in September, 2014 Petitioner seeks directions to consider their grievance in relation to a hut. This Court has not issued any formal notice in the matter. Learned APP however, has placed on record affidavit of police inspector Sanjay Jadhav.

This affidavit shows that representation made by petitioner on 27/8/2014 has been looked into. It is pointed out that hut in question was build by father of one Papulal and his uncle Jayram. At that time, petitioner was staying at his native place. They also pointed out four N.C. cases registered in the matter. Lastly, it is submitted that on two occasions when the petitioner was called by the police, he Talwalkar

17.wp3454.14.doc did not report. It is clear that petitioner is not cooperative. There is no counter reply after this reply.

We therefore find that disputed question arises and the same can be more appropriately looked into by the trial Court. Hence, with liberty to the petitioner to take such other steps as are open in law, we dispose of petition.

(SMT. SADHANA S. JADHAV, J) (B.P. DHARMADHIKARI, J) Talwalkar